Matter of McCrudden v Board of Education of Putnam Valle
Motion No: 2008-02991
Slip Opinion No: 2008 NYSlipOp 70778(U)
Decided on May 1, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M69844

J/sl

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2008-02991, 2008-03374

In the Matter of Eileen McCrudden, petitioner,

v Board of Education of Putnam of Valley Central

School District, respondent.

(Index No. 710/08)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 29, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the Board of Education of the Putnam Valley Central School District for leave to appeal to this court from an order of the Supreme Court, Putnam County, dated March 20, 2008, and to stay all proceedings in the matter pending the hearing and determination of the appeal. Separate motion by the Board of Education of the Putnam Valley Central School District for leave to appeal to this court from an order of the same court, dated April 4, 2008, and to stay all proceedings in the matter pending the hearing and determination of the appeal from that order.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to leave to appeal from the orders dated March 20, 2008, and April 4, 2008, respectively, are denied; and it is further,

ORDERED that the branches of the motions which are to stay all proceedings in the matter are denied as academic.

LIFSON, J.P., RITTER, DILLON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court